Terms of Use

Introduction

By using this website (the “Site”) you agree to these terms and to our Privacy Policy, which is incorporated into these terms by reference. If you do not agree, please do not use the site. These terms are between you and DIT Capital Advisors (“DIT,” “we,” “us,” or “our”). If you are using the Site on behalf of a business, you represent that you are authorized to bind that business to these terms.

We are a broker, not a lender

DIT Capital Advisors ("DIT") is a commercial financing broker. We arrange, or seek to arrange, commercial real estate financing and business financing for business borrowers by introducing them to unaffiliated third-party lenders and capital providers. We do not make loans or credit decisions. DIT is not a bank, lender, creditor, or mortgage banker; does not underwrite, approve, fund, purchase, service, or collect any loan; does not set the interest rate, fees, or terms of any loan; and does not hold, escrow, or disburse loan proceeds or borrower funds through this website. We work with third-party banks, SBA lenders and private capital providers, who make all lending decisions under their own criteria and who alone determine whether to offer financing and on what terms. Any loan or other financing is made, if at all, by a third-party lender under that lender's own agreements and disclosures. DIT does not guarantee that any lender will approve, offer, or fund any financing, or that any financing will be available on any particular terms or timeline.

This website is intended for commercial/business financing inquiries only. DIT does not advertise, solicit, arrange or offer consumer-purpose residential mortgage loans through this website. Any loan-negotiation activity with respect to real property located in New York is performed by appropriately licensed parties, and DIT does not perform any activity requiring a license or registration unless and until it is properly authorized.

Business purpose only; scope of services

This website and DIT's services are intended solely for business and commercial purposes. DIT does not arrange consumer loans or residential mortgage loans for personal, family, or household purposes, and nothing on this website is directed to consumers seeking such credit. DIT does not act as a real estate agent or broker for the purchase, sale, or lease of real property. DIT does not offer or sell securities, and nothing on this website is an offer to sell, or a solicitation of an offer to buy, any security.

Licensing and availability

DIT's services are not available in every state or for every type of financing. DIT offers services only where permitted by applicable law, and only where DIT is authorized to provide them. Nothing on this website is a solicitation in any state or jurisdiction where such solicitation would not be permitted. Availability of specific products and services may vary by location and transaction type.

Equal opportunity

DIT does not discriminate against any applicant on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to contract), income derived from a public assistance program, the exercise of any right under applicable consumer credit laws, or any other basis prohibited by applicable law. Each lender makes its own credit decisions.

No offer or commitment; no guarantee

Information on this site, including product descriptions, loan amounts, terms, rates, fees, timelines, deal examples and preliminary lender matching (any automated or preliminary indication of potential lender fit based solely on information you submit), is general and illustrative, is subject to change without notice, and is provided for informational purposes only. It is not an offer, approval, pre-qualification, pre-approval, rate lock, or commitment to lend by DIT or by any lender, and actual terms depend on lender underwriting and your qualifications. Whether any financing is available, and its amount, pricing, fees, collateral and guaranty requirements, and timing, will be determined solely by the applicable lender, and DIT makes no representation or warranty regarding any of them. Any statement about speed, funding timelines, or likelihood of approval is an estimate only and not a promise. References to any lender, bank, or program, including by name or logo, do not imply endorsement or affiliation or that the lender has approved or will approve any request.

Compensation and conflicts of interest

DIT Capital Advisors may be paid by lenders, clients or both for arranging financing. Our compensation may take the form of a percentage of the loan amount, a fixed fee, or another arrangement, and the amount, timing, and conditions of any compensation will be set out in a written agreement or disclosure. Specific fees are disclosed and agreed to in writing before you commit to any engagement. Compensation from lenders may vary by lender, product, or transaction and may create an incentive for DIT to present or favor certain lenders or products. DIT does not represent that it will present every available lender or product, or that the terms available through DIT are the lowest or best available in the market. Where required by law, DIT will provide additional disclosures regarding the financing offered and DIT’s compensation, including those required under Article 8 of the New York Financial Services Law and comparable laws of other states. You are not obligated to accept any financing presented.

No professional advice; no fiduciary relationship

Nothing on this website is legal, tax, accounting or investment advice. Consult your own advisors before making financial decisions. Despite the word “Advisors” in DIT’s name, DIT is not a registered investment adviser or broker-dealer and does not provide investment advice. Your use of this Site does not create a broker-client, agency, advisory, fiduciary, or other special relationship between you and DIT. Any such relationship will arise, if at all, only under a written engagement agreement signed by DIT, and then only to the extent stated in that agreement. You are solely responsible for evaluating any financing and for deciding whether it is suitable for your business.

Reviews and past results

Client reviews and recently funded deals (including any transaction described as “funded,” which means funded by an unaffiliated third-party lender and not by DIT) reflect individual experiences and past results and do not guarantee future outcomes. Results vary, and the terms, amounts, and speed of any transaction depend on the borrower’s circumstances and the lender’s decision. Reviews and testimonials are the opinions of the persons who provided them, and any compensation or incentive provided in exchange for a review or testimonial is disclosed where required by law.

Your information

You agree to provide accurate, current, and complete information and to update it if it changes. You represent that you are at least eighteen years of age and are authorized to submit information on behalf of the business you identify. You authorize DIT to share the information you submit through the Site's forms with prospective lenders and capital providers, and with its service providers, in connection with exploring financing options for you, and you acknowledge that DIT and those parties may rely on that information without independent verification. Submitting information through this Site does not authorize DIT or any other person to obtain a consumer credit report about you or any principal or guarantor; any such authorization will be requested separately in writing. Please do not submit Social Security numbers, bank or card account numbers, tax returns, bank statements, or other sensitive documents through this Site's forms. If documents are needed for a lawful commercial financing engagement, use the secure submission method identified by DIT, such as its designated client document portal. Our use of your information is described in our Privacy Policy.

Communications and electronic records

By providing a telephone number or email address through the Site's forms, you authorize DIT to contact you personally about your financing request by telephone, text message, or email, subject to applicable law and as described in our Privacy Policy. DIT does not use automated marketing calls or texts for these inquiries. Submitting a form does not provide consent to automated or promotional calls or texts. You may ask DIT to stop contacting you at any time by contacting us using the information below or by any other reasonable means, including replying STOP to a text message. Message and data rates may apply.

DIT may send correspondence and records relating to your request electronically. Any consent required by law to receive electronic records or use electronic signatures will be requested separately. Submitting a website form does not itself constitute an electronic signature on a financing or engagement agreement.

Accessibility

DIT is committed to making this Site usable by people with disabilities and works to conform it to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. Accessibility is an ongoing effort, and some content, including content provided by third parties, may not yet fully conform. If you have difficulty using any part of the Site, or need information or assistance in an alternative format (such as large print, plain text, or an accessible electronic document) or by an alternative means, please contact us at (516) 647-7829 or dijon@ditcapitaladvisors.com, and describe the barrier and the page or feature involved, and we will work to provide the information or service through an accessible alternative. Callers who use a relay service may reach us by dialing 711.

Limitation of liability; disclaimer of warranties

The Site is provided “as is.” DIT disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, and non-infringement, and does not warrant that the Site or its content will be accurate, current, secure, or uninterrupted. To the fullest extent allowed by law, DIT Capital Advisors and its owners, members, officers, employees, agents, and affiliates will not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, business opportunity, or data, arising from use of this website or reliance on its content, from any act, omission, or decision of a lender or other third party (including any decision to decline, delay, or condition financing), or from any unauthorized access to information you submit, whether based on contract, tort, statute, or otherwise, and even if advised of the possibility of such damages. DIT’s total liability for any claim arising from your use of the Site will not exceed one hundred dollars ($100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you, and nothing in these terms limits liability that cannot be limited under applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless DIT and its owners, officers, employees, and agents from any claims, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from your violation of these terms, the information you submit, or your violation of any law or the rights of any third party.

Governing law

These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of New York, without regard to its conflict-of-laws principles and, to the extent applicable, federal law. This provision does not alter venue or dispute terms in any separately executed agreement.

Dispute resolution; arbitration; class action waiver

Except as provided below, any dispute, claim, or controversy arising out of or relating to these terms, the Site, or DIT’s services (a “Dispute”) will be resolved exclusively by final and binding arbitration administered by JAMS under its rules then in effect, before a single arbitrator, in Queens County, New York, or by videoconference if the arbitrator so permits. Judgment on the award may be entered in any court of competent jurisdiction. Either party may bring an individual action in small claims court, and either party may seek temporary injunctive relief in court to protect its intellectual property or confidential information.

YOU AND DIT AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS PROCEEDING. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.

If this arbitration provision is found unenforceable as to any Dispute, that Dispute will be brought exclusively in the state courts located in Queens County, New York or the United States District Court for the Eastern District of New York, each party consents to personal jurisdiction and venue there, and the class action and jury trial waivers will continue to apply to the fullest extent permitted by law. If you sign a broker or engagement agreement with DIT, the dispute terms in that agreement control for matters it covers.

Acceptable use

You agree not to submit false, misleading, or fraudulent information; submit information about another person or business without authority; use the Site for any unlawful purpose; interfere with, or attempt to gain unauthorized access to, the Site or its systems; transmit malicious code; or use the Site to develop a competing service.

Third-party lenders and links

The Site may link to websites or services operated by lenders and others. DIT does not control and is not responsible for their content, practices, products, or services, and a link is not an endorsement. Your dealings with any lender are solely between you and that lender and are governed by that lender’s agreements, disclosures, and privacy policy.

Intellectual property

Website text, design and other content are owned by DIT or its licensors and may not be reproduced commercially without permission, except as permitted by law.

Changes to the Site and these terms

DIT may modify these terms, the Privacy Policy, or the Site at any time by posting an updated version with a new “Last updated” date. Your continued use of the Site after a change constitutes acceptance of it. DIT may suspend or terminate access to the Site at any time.

General

These terms and the Privacy Policy are the entire agreement regarding your use of the Site and supersede any prior understanding on that subject, but they do not modify any separate written engagement agreement between you and DIT, which controls as to the services it describes. If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the remainder will stay in effect. DIT’s failure to enforce a provision is not a waiver. You may not assign these terms; DIT may. Provisions that by their nature should survive will survive.

Contact

Questions or accessibility requests? Call (516) 647-7829 or email dijon@ditcapitaladvisors.com, or write to DIT Capital Advisors, 247-61 Jericho Turnpike, Bellerose, NY 11426.